STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 5678--A                                            A. 9111--A
 
                               2003-2004 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                      June 18, 2003
                                       ___________
 
        IN  SENATE  -- Introduced by Sens. LITTLE, FARLEY, MEIER, SEWARD -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules -- recommitted to the Committee on Codes in accord-
          ance with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        IN  ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
          A. Sayward, Aubertine, McDonald, Butler,  Ortloff,  Scozzafava,  Town-
          send) -- read once and referred to the Committee on Codes -- recommit-
          ted to the Committee on Codes in accordance with Assembly Rule 3, sec.
          2  -- committee discharged, bill amended, ordered reprinted as amended
          and recommitted to said committee
 
        AN ACT to amend the civil practice law and rules and the executive  law,
          in  relation  to  the  statute  of  limitations  for  certain  actions
          commenced by the Adirondack park agency within the Adirondack Park
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Section 212 of the civil practice law and rules is amended
     2  by adding a new subdivision (e) to read as follows:
     3    (e) To enforce certain violations of Adirondack park agency rules  and
     4  regulations  within the Adirondack Park. An action to enforce violations
     5  of the rules and regulations of the Adirondack park  agency  within  the
     6  Adirondack Park shall be commenced by such agency within ten years after
     7  the occurrence of such violation, or in the exercise of reasonable dili-
     8  gence  should  have  been  discovered  by  a  public servant who has the
     9  responsibility to enforce such provisions.
    10    § 2. Subdivision 1 of section 813 of the executive law,  as  added  by
    11  chapter 898 of the laws of 1976, is amended to read as follows:
    12    1.  Any  person who violates any provision of this article or any rule
    13  or regulation promulgated by the agency, or the terms or  conditions  of
    14  any  order or permit issued by the agency pursuant to this article shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14647-04-4

        S. 5678--A                          2                         A. 9111--A
 
     1  be liable to a civil penalty of not more than five hundred  dollars  for
     2  each  day  or  part  thereof during which such violation continues.  The
     3  civil penalties provided by this subdivision shall be recoverable in  an
     4  action  instituted  in the name of the agency by the attorney general on
     5  his or her own initiative or at the request of  the  agency  within  ten
     6  years of the occurrence of such violation, or in the exercise of reason-
     7  able  diligence  should have been discovered by a public servant who has
     8  the responsibility to enforce such provisions.
     9    § 3. This act shall take effect immediately.